Assembling a default judgment packet in California is a two-stage process: you first ask the clerk to enter the defendant’s default using Form CIV-100, and then you submit a separate judgment packet — proposed judgment, sworn declarations proving your damages, exhibits, a costs memorandum, interest computations, and a nonmilitary status affidavit — that follows the checklist in California Rule of Court 3.1800.1Judicial Branch of California. Rule 3.1800 – Default Judgments Get the sequence and the contents right and the court will sign your judgment. Miss a piece and the whole packet comes back.
Confirm You’re Ready to File
Check the defendant’s response deadline first. After personal service of the Summons and Complaint, the defendant has 30 days to file a response. Substituted service (papers left with someone at the home or workplace and then mailed) extends the deadline to 40 days from the mailing date.2California Courts. After You Serve Your Lawsuit Filing even one day early gives the court reason to reject you.
Once that deadline passes, you have a window of your own. California Rule of Court 3.110(g) requires you to file your request for entry of default within 10 days after the defendant’s response deadline expires.3Judicial Branch of California. California Rules of Court Rule 3.110 Miss it and the court can issue an order to show cause why sanctions shouldn’t be imposed.
Some defendants can’t be defaulted the ordinary way. Minors, people who lack mental capacity, and conservatees have special procedures. Everyone else needs a military status check.
Military Status Check
Federal law requires you to file an affidavit stating whether the defendant is on active military duty, or that you were unable to determine their status.4Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments You can verify through the Department of Defense Manpower Data Center’s online tool. If the defendant is on active duty, no default judgment can be entered without the court appointing an attorney to represent them. This affidavit — the declaration of nonmilitary status — goes into your judgment packet.
Statement of Damages in Personal Injury Cases
Skipping this step can void your entire judgment. In personal injury and wrongful death cases, you must serve a Statement of Damages (Form CIV-050) on the defendant before requesting entry of default.5California Legislative Information. California Code CCP 425.11 The form lists specific dollar amounts for medical expenses, lost earnings, future medical costs, property damage, and general damages like pain and suffering.6Judicial Council of California. CIV-050 Statement of Damages (Personal Injury or Wrongful Death) Personal injury complaints don’t state a dollar figure, so the Statement of Damages puts the defendant on notice of what they’re facing.
If the defendant hasn’t appeared, serve the statement the same way you served the original Summons, typically by personal or substituted service, not by mail. Seeking punitive damages requires a separate CCP 425.115 notice served before default, stating the punitive amount you intend to request.7California Legislative Information. California Code of Civil Procedure CCP 425.115
Stage One: Request for Entry of Default
Judicial Council Form CIV-100 is the document that formally locks the defendant out of the case.8Judicial Council of California. CIV-100 Request for Entry of Default Complete it with the exact case caption, the date the defendant was served, and the amounts you’re seeking. Those amounts must match what you demanded in the complaint, or in personal injury cases, what appears on the Statement of Damages. You cannot ask for more in a default judgment than the defendant was noticed about.9California Legislative Information. California Code CCP 580
Along with the CIV-100, file a declaration stating that you mailed a copy to the defendant (or their attorney, if one appeared) at the last known address. If you don’t know the address, say so in the declaration. No default can be entered without this mailing affidavit on file.10California Legislative Information. California Code CCP 587
Clerk’s Judgment or Court Judgment
The CIV-100 asks you to indicate which type of judgment you want, and the answer decides whether a judge gets involved.
A clerk’s judgment is available only in contract or debt cases where the amount is fixed or calculable from the face of the documents — a promissory note, an unpaid invoice, a liquidated damages clause. The clerk can enter both the default and the judgment together, without a hearing, once you provide the right paperwork.11California Legislative Information. California Code of Civil Procedure CCP 585
A court judgment is required for personal injury, property damage, unliquidated damages, and any case where a judge needs to evaluate evidence. These cases go to a prove-up hearing.
Purchased Consumer Debt Uses a Different Form
If your claim involves purchased consumer debt, do not use the standard CIV-100. California requires debt buyers to file Form CIV-105 instead, with additional documentation requirements.12Judicial Council of California. CIV-105 Request for Entry of Default (Fair Debt Buying Practices Act)
Stage Two: What Goes in the Judgment Packet
After the clerk enters the defendant’s default, you build the judgment packet. Rule 3.1800 lists exactly what must be included.1Judicial Branch of California. Rule 3.1800 – Default Judgments Every item on the list has to be there:
- A brief case summary identifying the parties and the nature of the claim (not required in unlawful detainer cases).
- Declarations or admissible evidence proving your damages.
- Interest computations showing rate, period, and calculation.
- A memorandum of costs on Form MC-010.
- A declaration of nonmilitary status for each defendant.
- The proposed judgment on Form JUD-100.
- Dismissals of any defendants you’re not proceeding against, or a request for separate judgment explaining why.
- Exhibits supporting the declarations: contracts, invoices, medical bills, photographs, repair estimates.
- An attorney fee request with supporting documentation, if fees are authorized by contract or statute.
Damages Declaration: Contract Cases
Walk through the math. State the principal owed, any payments or credits, and the interest calculation. Attach the contract itself along with invoices, account statements, or payment records. The reviewer needs to see how you arrived at the final number, so spell it out step by step.
Damages Declaration: Personal Injury and Other Torts
Cover each category of damages with supporting evidence. Attach medical bills, pharmacy receipts, proof of lost wages (pay stubs and an employer letter work well), and repair estimates for property damage. Explain non-economic damages like pain and suffering in enough detail for the judge to evaluate them. The amounts in your packet cannot exceed what you listed in the Statement of Damages you served on the defendant.9California Legislative Information. California Code CCP 580
Costs, Interest, and Attorney Fees
Itemize your recoverable litigation expenses on Form MC-010: filing fees, service of process charges, and other costs tied to the lawsuit.13Judicial Council of California. MC-010 Memorandum of Costs (Summary) Keep receipts. Cost requests without documentation get rejected.
For prejudgment interest, include a separate computation with the applicable rate, the start date, and the total. In contract cases the rate is usually set by the contract or by statute. Show the math clearly. A reviewer working from paper doesn’t have the benefit of hearing your argument.
Attorney fees deserve careful attention. Many local superior courts use fixed fee schedules that cap what you can recover without a hearing, typically calculating fees as a percentage of the principal amount that decreases as the amount rises. If you need fees above the schedule, expect a hearing and a detailed declaration justifying the number.
Proposed Judgment (JUD-100)
Form JUD-100 is the judgment you want the court to sign.14California Courts Self Help Guide. Judgment (JUD-100) Fill in every line: principal damages, interest, costs, and attorney fees. The total must match the evidence in your declarations and the amounts on the CIV-100. Mismatches between these three documents are one of the most common reasons packets get rejected.
The Prove-Up Hearing
Court judgments trigger a prove-up hearing after the packet is filed. The judge reviews your evidence, may ask questions, and decides whether the damages you claimed are supported.
California allows you to prove your case through written declarations rather than live testimony in most default cases.1Judicial Branch of California. Rule 3.1800 – Default Judgments If your declarations and exhibits are thorough, some judges will sign based on paperwork alone. Many still prefer brief oral testimony, so come prepared to answer questions about your damages.
The judge is not rubber-stamping the request. Even in default, the court can award less than what you asked for if the evidence doesn’t support it. Bring organized documentation and be ready to explain any gaps.
After the Judgment Is Signed
Once the court signs, serve a copy of the entered judgment on the defendant at the last known address. The defendant lost their chance to respond, but they retain the right to notice, and the clock on certain post-judgment deadlines doesn’t start running until they receive it. Meticulous proof of service throughout the case also protects the judgment: sloppy service is what gives a defaulted defendant an opening to move to set aside the judgment months or years later.